Warnemunde v. Smith

Appellant complains of the action of the trial court in dismissing his appeal from the allowance of a claim against the estate of Merton E. House, deceased, for the reason that the transcript from the county court was not properly certified by the judge of that court.

On an appeal being taken in a probate matter the duty to prepare and transmit to the clerk of the district court a certified transcript of the record and proceedings, on payment *871of his fees therefor, is placed by statute with the county judge. Comp. St. 1929, sec. 30-1605. Where, as here, a duty is placed upon a public officer to…